The court decision on Najib Abdul Razak's house arrest bid tomorrow will determine whether the jailed ex-prime minister will be able to wield influence like he once did, even after he lost power in the 14th general election.
While some lawyers opined that Najib’s access to visitors and outside contact will be curtailed just as it is in Kajang Prison, others argued the 72-year-old could still impact Umno, of which he was once president.
The ex-Pekan MP will be waiting on a court verdict tomorrow morning over whether he can serve the rest of his six-year sentence for corruption at home.
Ex-Bar Council president Ragunath Kesavan cautioned that should the High Court uphold a royal decree allowing him house arrest, Najib might not even get to go home so soon.
This was because Najib's release would be subject to terms and conditions to be imposed by the prison authorities, on top of a potential stay application by the prosecution, the lawyer explained.
As for what house arrest would look like, Ragunath said the home Najib would be staying in would still be run like a prison, with restrictions on his movements and communications.
He pointed out that Najib will not be able to access social media or communicate as freely with the outside world as he once did before he was sent to prison in September 2022.
"So unlikely he can go home immediately. Technically, the home imprisonment would be similar to prison and therefore limited access to visitors, etc and also social media,” Ragunath said.
Even after he lost power in the 2018 national election, Najib wielded immense influence over social media and was a frequent thorn in the side of the then Pakatan Harapan government.
Better access to public
However, another lawyer, Haniff Khatri Abdulla, said that while the number of visitors will remain limited, home imprisonment for Najib will be different from incarceration in Kajang Prison.
"Being at home, of course, his access to the public would be much better compared to being in prison.
"So, he can play an important part, even though he's serving prison from home, rather than from prison.
"For example, if the 16th general election is coming up, of course, Umno will consult him on what to do, how to do it, the tactics, this and that… much easier, subject to them having access to his house," the veteran criminal lawyer said.
Should the ruling be favourable to Najib, Haniff shared the same view as Ragunath that the Attorney-General's Chambers might request a stay of the decision pending their appeal at a higher court.
However, unlike the other lawyer, Haniff believed that the High Court should allow Najib to serve his house arrest immediately, citing the principle of human liberty guaranteed under the Federal Constitution.
Regarding the circumstances of a house arrest, Haniff said the Prisons Department would have to iron out the minute details, including which residence Najib is to serve his sentence, how many visitors he would be allowed, the number of prison officers and how they are to be deployed, among others.
Given how it is still an incarceration, Haniff said Najib will have to stay inside and may not be allowed to leave the house at all.
“He may be around in the compound of the house, but he can't be leaving the house because he's not leaving the prison," he added.
Political comeback?
Political analyst Mazlan Ali speculated that Najib's release to serve the remainder of his sentence at home might help Umno regain lost support from its rank and file members who did not vote for the party in GE15 and state elections, but not overall public support towards the coalition government.
"His popularity is not that high among the rakyat nowadays. Perhaps only among Umno members and supporters,” he said.
"Because the rakyat today is choosing between the Madani government and Perikatan Nasional. The Malays today are more towards (PN's) Islamic narrative.
"The factor that can balance out (PN's influence) is programmes and incentives by Prime Minister Anwar (Ibrahim) administration, like the subsidies and anti-corruption campaign," he added.
Mazlan believed there was a low chance for the septuagenarian to make a political comeback should he be successful in his house arrest bid.
He said this was due to Najib’s age and his other ongoing court case, which might make him miss the next general election. - Mkini
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